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Rwanda decisions
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The High Court held that the buyer had proved full payment for land sold by an absent seller and ordered mutation of the property in her favor.
The High Court held that an absent party’s appeal time runs from notice of judgment, not the judgment date, and set aside a mutation order made without jurisdiction.
The High Court held the appeal was timely because the appellant had been absent at trial, but set aside the lower judgment for lack of jurisdiction and dismissed the claim.
The first sale agreement between Budeyi Jean Bosco and Rutaneshwa John is valid, as Mukandayambaje Aline was a witness and cannot later claim to have purchased the same property. The second agreement to Mukandayambaje is invalid due to inconsistencies, lack of credible evidence, and improper notarial confirmation. The property and expropriation compensation must revert to the succession of Rutaneshwa John. No damages are awarded as all parties acted in pursuit of their legitimate interests.
Source excerpt
The Court of Appeal held the sale contract was unfair and should not be enforced, ordered no mutation, and directed refund of the price plus 18% interest.
The Court of Appeal held it lacked jurisdiction over Habamenshi’s second appeal because both lower courts rejected the claim on the same grounds and no non-existent law was applied.
The High Court held that the appeal was well founded, upheld the sale agreement, and ordered mutation of the house into Batamuriza's name on payment of the balance.
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